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TheInsidersLV.com Website Terms and Conditions
Welcome to TheInsidersLV.com. TheInsidersLV.com (the “Website”) is owned and operated by The Insiders Inc., a Nevada corporation (“The Insiders”). The Website is designed and intended for personal and commercial use. This Website is provided solely to aid customers in finding travel and entertainment and related information, determining the availability of such related goods and services, making legitimate reservation requests and reservations and purchases, or otherwise transacting business with the Company and its suppliers.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE, SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THESE SERVICES. Your use of this Website is expressly conditioned on your acceptance of the terms and conditions of this Agreement. By accessing or using this Website, you signify your agreement to these terms and conditions. To the extent you book any products or services on this Website through our agents, you agree that this Agreement shall apply to all such transactions. If you do not agree with any part of these terms and conditions, you may not use this Website nor our agents to book it’s services. The Insiders may at any time modify this Agreement and your continued use of this Website or The Insiders’ services will be conditioned upon the terms and conditions in force at the time of your use. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Website.
This Agreement describes the terms and conditions applicable to the services available through this Website. This Agreement describes your responsibilities and, among other things, limits the liability of The Insiders and its third-party suppliers or providers including, without limitation, the airlines, hotels, rental car companies clubs, restaurants, and other travel and entertainment suppliers that may provide travel and entertainment or other services through this Website (such third parties collectively referred to as the "Service Providers").
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN THE INSIDER’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
User Responsibilities
As a condition of your use of this Website, you warrant that
- you are at least 18 years of age,
- you possess the legal authority to create a binding legal obligation,
- you will use this Website in accordance with this Agreement,
- you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
- you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
- all information supplied by you on this Website is true, accurate, current and complete, and
- if you have an TheInsidersLV.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Please note that to utilize certain services offered by The Insiders, including but not limited to checking in to hotel accommodations, admission to nightlife establishments and taking part in gambling activities, user must be twenty-one (21) years or older.
Prohibited Activities, Acceptable Use, and Licenses
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
The Insiders grants you a limited, non-transferable license to access and make personal use of this site in accordance with the terms and conditions of this User Agreement. For avoidance of doubt, this license does not include any resale or commercial use of this Website or its contents or any derivative use of this Website or its contents.
In addition, whether or not you have a commercial purpose, you agree not to:
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of The Insiders;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in the discretion of The Insiders, an unreasonable or disproportionately large load on The Insiders infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose.
- deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this Website, or any postings which advocate illegal activity;
- deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
- deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- deliver or provide links to, any postings containing defamatory, false or libelous material;
- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
- manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
- use this Website in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
- attempt to gain unauthorized access to this Website, any related website, other accounts, computer system, or networks connected to this Website, through hacking, password mining, or any other means; or
- obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website, including harvesting or otherwise collecting information about others such as email addresses.
You may only use this Website to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a "Request") and shall not use this Website to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand or for any other reason. You agree to provide correct and true information in connection with your use of this Website and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
The Insiders reserves the right to refuse or cancel any booking or reservation or any other transaction, for any reason, including but not limited to, transactions that it reasonably believes to have been fraudulently made including, by unauthorized use of a credit or debit card.
Service Providers Rules and Restrictions
Separate terms and conditions will apply to your reservation and purchase of all goods and services that you select and are reserved for you by The Insiders with any Service Providers. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Service Provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Service Provider's rules and restrictions regarding availability and use of fares, products, or services. Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by The Insiders for your hotel booking. Some hotel suppliers may also charge a resort fee or other applicable taxes and fees. You will be responsible for any additional fees that are customarily charged by the hotel supplier. You will also be re sponsible for an Insider’s booking fee which will be charged to your credit card.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Service Provider’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
You understand that any violation of any such Service Provider's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any flights, hotels, automobiles, or other services in your forfeiting any monies paid for such reservation(s) or purchase(s), and in The Insiders debiting your account for any costs The Insiders incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Website.
You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or nonperformance of any Service Provider, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Service Provider, you agree that your sole recourse shall be toward such Service Provider and not toward us.
At The Insiders, we have no special knowledge regarding the suitability for disabled persons of any portion of any tour or other reservation. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the Service Supplier directly.
International Travel
Although most travel, including travel to international destinations, is completed without
incident, travel to certain destinations may involve greater risk than others. The Insiders therefore urges passengers to review travel prohibitions,
warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations.
For State Department travel warnings and advisories, go to travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html.
For foreign health requirements and dangers, go to www.cdc.gov/travel/index.htm. Other information relating to particular international destinations can be found at www.dot.gov; www.tsa.gov, www.faa.gov, www.treas.gov/ofac, or www.customs.gov. At The Insiders, we have no special knowledge regarding foreign entry requirements (such as the need for passports and visas). For foreign entry requirements, go to travel.state.gov/travel/cis_pa_tw/cis/cis_1765.html.
BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Tour and Attraction Restrictions
The following Tours and Attractions restrictions included in this section ("T & A Restrictions") shall apply to a voucher or ticket ("Voucher") issued by The Insiders to you ("You") in connection with an attraction or service ("Attraction") operated by an independent operator ("Attraction Operator") of such Attraction. You must be at least 18 years of age and able to enter into binding contracts. You shall be deemed to have the authority to act on behalf of and to bind the person named on the Voucher to these T & A Restrictions. Acceptance or usage of a Voucher shall be deemed as the acceptance by You and the person named on the Voucher to these T & A Restrictions.
- An Attraction may not be appropriate for all ages or for individuals with certain medical conditions. Usage of an Attraction may be subject to codes, rules or regulations (collectively, "Attraction Rules") established by the Attraction Operator. Failure to comply with such Attraction Rules may result in denial of admission to or removal from the Attraction. Other restrictions, terms and conditions may apply. You should contact the Attraction Operator for details.
- The Insiders is not responsible for any technical, printing, typographical or other errors associated with the description, depiction, availability, or pricing of an Attraction. Availability and price quotations for an Attraction are subject to change without notice until a Voucher has been issued. Prices listed on a Voucher are per person, unless otherwise specified.
- Attraction availability may change after a Voucher is issued. When The Insiders is informed in advance of a significant change to the availability of an Attraction, The Insiders will use reasonable efforts to notify you. In the event an Attraction is canceled, rescheduled or postponed by the Attraction Operator, You should immediately contact The Insiders.
- The Insiders reserves the right to modify and otherwise change these T & A Restrictions at its own discretion. Except as provided for in the preceding sentence, no amendment, modification or waiver to these T & A Restrictions shall be binding on The Insiders unless made in writing and signed by an authorized officer of The Insiders.
- The Attraction Operator is an independent contractor of an attraction consolidator. The attraction consolidator is an independent contractor of The Insiders. The Attraction Operator or the attraction consolidator, and their owners, operators, contractors, and employees are not agents or legal representatives of The Insiders for any purpose and have no authority to act for, bind or commit The Insiders. The Attraction Operator, and its owners, operators, contractors and employees are solely responsible for the use and operation of the Attraction, and all actions or events occurring prior to, during, at or after, the Attraction.
- YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF THE ATTRACTION MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE PERSON NAMED ON THE VOUCHER WILL ASSUME ALL RISK OF INJURY OR DEATH ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ATTRACTION, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ATTRACTION.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INSIDERS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ATTRACTION, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ATTRACTION.
- These T & A Restrictions constitute the entire and only understanding between the parties, and replace any prior understandings or agreements (whether oral or written) relating to the subject matter hereof. The failure of The Insiders to exercise any of its rights, shall not be construed as a waiver or relinquishment of the future performance of any of its rights, and Your obligations with respect to such future performance shall continue in full force and effect.
Rental Car Restrictions
Vehicle rentals available through this Website are subject to standard rental contracts of the car rental companies, which will be completed by you at the time of pick-up of a vehicle.
Hotel Service Restrictions
- Check In: Upon check-in, guests must present a valid ID and credit card or, in the hotel's discretion, debit card, in their name that is consistent with the transactional details provided to The Insiders (the amount of available credit required will vary by hotel). Debit cards may not be accepted.
- Double Occupancy: All hotel reservations are guaranteed for double occupancy (one double bed or one king bed).
- Late Arrival and Failure to Check-in on First Night: While you should call The Insiders if you wish to cancel a cancellable reservation in advance of your stay within the cancelation period, if you are going to be delayed on your date of check in or find that you cannot check in to your hotel by 11pm on the date you requested, you should contact the hotel to let them know. If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel.
- Disability Needs: If you have disability needs (for example only, you need a wheelchair accessible room or require the use of a service animal) you must call the hotel and verify that disability needs can be met. If your disability needs cannot be accommodated by the hotel, please call The Insiders.
- Hotel Accommodations and Special Requests: Depending upon which Insider’s’ hotel reservation service you use, you may or may not be able to select your room type and number and type of beds. Room assignments are based on hotel availability and are at the hotel's discretion. We cannot guarantee a non-smoking room. If you have special requests (including, for example, preferences for smoking or nonsmoking rooms, a specific room, particular bedding, floor location, closeness to an elevator, connecting rooms, or pet accommodations), you must call the hotel and verify that special requests can be met after you have made your booking. Since The Insiders has no control over which room a hotel will assign to you, The Insiders cannot accommodate special requests in advance of your booking and cannot guarantee that special requests will be met.
- Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to The Insider’s hotel services.
- Prices: Sometimes cheaper rates are available for a specific stay at a hotel, however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.
Prepaid Hotel Reservations
You acknowledge that The Insiders pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The room rate, which may be displayed on the Website or offered through email, standard mail, or other Internet or electric medium, is a combination of the pre-negotiated room rate for rooms reserved on your behalf by The Insiders and a booking or facilitation fee retained by The Insiders to compensate us for our services. You authorize The Insiders to book reservations for the total reservation price, which includes the room rate, plus tax recovery charges, and service fees as described above, where applicable, and taxes, where applicable. You agree that your credit card may be charged by The Insiders for the total reservation as well as an Insider’s booking fee. Upon submitting your reservation request you authorize The Insiders to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
Airline Service Restrictions
- Airline tickets available through this Website are subject to the published conditions of carriage and rules of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time; schedule changes can result in an itinerary that falls outside of contractual agreements.
- Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to The Insider’s Airline Service.
- Airline tickets purchased on our website must include at least one adult passenger over the age of 18 on the same reservation.
- Itinerary Changes/Cancellations/Refunds: Air travel itinerary changes, if permitted by the fare, may have a change fee charged by the airline typically ranging between $100 and $250 USD per ticket that will vary by market, carrier and specific fare rule. In addition, any changes to your itinerary may incur a per ticket Insiders change or cancellation fee.
- Baggage Fees: The airlines may require you to pay additional fees at the airport if you exceed certain limits as dictated by the airline, such as the number of bags or weight allowed, and some airlines do not offer a free baggage allowance.
Copyright
You, the User, acknowledge that all content included on this Website, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of TheInsidersLV.com and the Service Providers. Reproduction or storage of information or works retrieved from this Website, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.
Claims of Copyright Infringement
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
- A clear identification of the copyrighted work you claim was infringed;
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material;
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number;
- A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.";
- A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."; and
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by any of the following methods: email to customersupport@TheInsidersLV.com by mail to the address below, by phone at the number below, or by facsimile to the number below:
The Insiders, Inc.
2081 Ponticello Dr.
Henderson, NV 89052
Phone: 702-666-8899 __________________
Facsimile: 702-684-6519________________
We will review and address all notices that comply with the requirements above.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
Privacy Policy
You agree that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and acceptable. You consent to the use of your personal information by The Insiders and/or its Service Providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. To the extent permitted by law, The Insiders makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. The Insiders will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.
Accounts, Security and Passwords
You may register to utilize this Website by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you may be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. You agree to notify The Insiders immediately of any unauthorized use of your account. The Insiders is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Disclaimers of Warranties
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. THE INSIDERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, THE INSIDERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THE INSIDERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE INSIDERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
THE INSIDERS IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS WEBSITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): THE INSIDERS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR WEB-SITE LINKED TO THE SITE OR OTHERWISE IN CONNECTION WITH THE SERVICES. Neither The Insiders will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on the Insider's equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of The Insiders.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE INSIDERS, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, ADVISORY BOARD MEMBERS, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE WEBSITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE WEBSITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS WEBSITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, ANY DELAY OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
FURTHER, THE COMPANY’S SERVICE PROVIDERS, INDEPENDENT SALES REPRESENTATIVES AND AFFLIATES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SERVICE PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
No Covered Party shall be responsible for any Service Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Service Provider (including any liability in tort), as to any products and/or services available through this Website. No Covered Party shall be responsible for any Service Provider's failure to comply with this Agreement nor for any Service Provider's failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Website, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by The Insiders for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Nevada law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
Independent Sales Representatives
The User acknowledges that the Independent Sales Representatives are Independent Contractors and not employees or agents of The Insiders. The User agrees that (i) the Independent Sales Representative is not and will not be construed to be an employee of The Insiders and that his or her status will be that of an Independent Contractor for which he or she is solely responsible for his or her actions and inactions and for filing all necessary forms and returns and for making all required payments with the relevant taxing authorities and (ii) he or she is and will be acting independent of any direction or supervision by The Insiders or any of its officers and agents and that his or her compensation will arise from and be determined solely by his or her acts and efforts.
The User acknowledges that as an Independent Contractor, the Independent Sales Representatives do not have actual, implied or apparent authority to bind The Insiders or otherwise enter into contracts or agreements on behalf of The Insiders.
The User further acknowledges to indemnify and hold harmless The Insiders for any damages resulting from any breaches of contract or tortuous conduct caused by actions of the Independent Sales Representatives.
Indemnification
You agree to defend and indemnify The Insiders and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:
- your breach of this Agreement
- your violation of any law or the rights of a third party; or
- your use of this Website in violation of this Agreement.
Links to Other Websites
This Website may contain hyperlinks to websites operated by parties other than The Insiders. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to The Insiders in connection with your use of this Website (collectively, "Comments"), shall be and remain the exclusive property of The Insiders and may be used by The Insiders in any medium in accordance with our Privacy Policy and you agree to execute any documents that may be necessary for such an assignment of rights. By providing your Comments to The Insiders, you are indicating your consent to the Insider's use of your Comments. For example, your Comments could be used on this Website and in radio, television, and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. The information and opinions expressed in Comments on this Website are not necessarily those of The Insiders or its content providers, advertisers, sponsors, affiliated or related entities, and The Insiders makes no representations or warranties regarding any Comment. The Insiders does not represent or guarantee the truthfulness, accuracy, or reliability of any Comments or determine whether the Comments violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk. The Insiders is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any Comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Entire Agreement and Modification of Terms
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Website and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Website that were displayed on this Website before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Website will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Website, which will be adequately brought to your attention.
Severability
In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Injunctive Relief
You acknowledge that a violation or attempted violation of any of this Agreement and these terms and conditions will cause such damage to The Insiders as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree The Insiders shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by The Insiders in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
Liquidated Damages
The responsibility of The Insiders is strictly limited; tour participant agrees that maximum liquidated damages shall not exceed two hundred and fifty dollars ($250.00).
Choice of Law
To the extent permitted by applicable law, the laws of the State of Nevada shall govern the performance of this Agreement and you consent and submit to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada, in all questions and controversies arising out of your use of this Website and this Agreement.
Arbitration Clause
All disputes, controversies, or claims arising out of or relating to this contract shall be submitted to binding arbitration in Clark County, NV, in accordance with the applicable rules of the American Arbitration Association then in effect.
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